Kirk v. SSC Goldsboro Operating Company LLC et al
| Elaine G. Kirk |
| SavaSeniorCare, LLC, SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro, SavaSeniorCare Consulting, LLC, John Strawcutter, SavaSeniorCare Administrative Services, LLC, SSC Equity Holdings, LLC, SSC Goldsboro Operating Company LLC and Jeffrey P. Nunn |
| 5:2019cv00285 |
| July 9, 2019 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
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Filing 45
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 8/20/2019. (Stouch, L.)
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Filing 44
ORDER denying as moot #16 Motion to Dismiss for Lack of Jurisdiction; denying as moot #18 Motion to Dismiss for Lack of Jurisdiction; denying as moot #20 Motion for Joinder; denying as moot #21 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Terrence W. Boyle on 8/16/2019. (Stouch, L.)
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| Motions Submitted to Chief Judge Terrence W. Boyle regarding #16 MOTION to Dismiss for Lack of Jurisdiction Insufficient Service and Insufficient Service of Process, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively Motion for Summary Judgment, #20 Interim MOTION for Joinder in Notice of Removal, #18 MOTION to Dismiss for Lack of Jurisdiction Insufficient Service and Insufficient Service of Process. (Stouch, L.) |
| Filing 43 ANSWER to #38 Amended Complaint by SavaSeniorCare Consulting, LLC. (Hagwood, Leon) |
| Filing 42 ANSWER to #38 Amended Complaint by SavaSeniorCare Administrative Services, LLC. (Hagwood, Leon) |
| Filing 41 ANSWER to #38 Amended Complaint by SSC Goldsboro Operating Company LLC. (Hagwood, Leon) |
| Filing 40 Summons Issued as to Jeffrey P. Nunn. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Stouch, L.) |
| Filing 39 Notice filed by Elaine G. Kirk regarding #38 Amended Complaint Summons - Jeffrey P. Nunn. (Connor, Christopher) |
| Filing 38 SECOND AMENDED COMPLAINT against SSC Goldsboro Operating Company LLC, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare Consulting, LLC, Jeffrey P. Nunn filed by Elaine G. Kirk. (Stouch, L.) |
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Filing 37
ORDER granting #35 Motion to Substitute Party. John Strawcutter terminated. Signed by Chief Judge Terrence W. Boyle on 8/8/2019. (Stouch, L.)
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| Notice to Counsel - No summons provided for issuance for party Jeffrey P. Nunn. Proposed summons can be filed using the event Notice - other. (Stouch, L.) |
| Filing 36 Proposed Order regarding #35 MOTION to Substitute Party Drop John W. Strawcutter and Add Jeffrey P. Nunn filed by Elaine G. Kirk. (Connor, Christopher) |
| NOTICE TO COUNSEL regarding #35 Motion to Substitute Party. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.) |
| Filing 35 MOTION to Substitute Party Drop John W. Strawcutter and Add Jeffrey P. Nunn filed by Elaine G. Kirk. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Email re No Objection) (Connor, Christopher) |
| Filing 34 STIPULATION of Dismissal Without Prejudice by Elaine G. Kirk (Connor, Christopher) |
| Filing 33 Notice filed by SSC Goldsboro Operating Company LLC, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare Consulting, LLC regarding #12 MOTION to Dismiss , #13 MOTION to Dismiss , #8 MOTION to Dismiss - Notice of Withdrawal of Motions to Dismiss Plaintiff's First Amended Complaint. (Hagwood, Leon) |
| Filing 32 ANSWER to Complaint by SavaSeniorCare Consulting, LLC. (Hagwood, Leon) |
| Filing 31 ANSWER to Complaint by SavaSeniorCare Administrative Services, LLC. (Hagwood, Leon) |
| Filing 30 ANSWER to Complaint by SSC Goldsboro Operating Company LLC. (Hagwood, Leon) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Stouch, L.) |
| Filing 29 RESPONSE in Opposition regarding #8 MOTION to Dismiss SSC Goldsboro Operating Company, LLC filed by Elaine G. Kirk. (Attachments: #1 Exhibit Email w/ Amend. Cmp. Attached, #2 Exhibit Letter re Filings, #3 Exhibit Email re Service, #4 Exhibit Letter re Service) (Connor, Christopher) |
| Filing 28 RESPONSE in Opposition regarding #13 MOTION to Dismiss SavaSeniorCare Consulting, LLC filed by Elaine G. Kirk. (Attachments: #1 Exhibit Email w/ Amend. Cmp. Attached, #2 Exhibit Letter re filings, #3 Exhibit Email re Service, #4 Exhibit Letter re Service) (Connor, Christopher) |
| Filing 27 RESPONSE in Opposition regarding #12 MOTION to Dismiss SavaSeniorCare Administrative Services, LLC filed by Elaine G. Kirk. (Attachments: #1 Exhibit Email w/ Amend. Cmp. Attached, #2 Exhibit Letter re Filings, #3 Exhibit Email re Service, #4 Exhibit Letter re Service) (Connor, Christopher) |
| Filing 26 Financial Disclosure Statement by Elaine G. Kirk (Connor, Christopher) |
| Filing 25 Notice of Appearance filed by Christopher Caleb Connor on behalf of Elaine G. Kirk. (Connor, Christopher) |
| Filing 24 Memorandum in Support regarding #12 MOTION to Dismiss , #13 MOTION to Dismiss , #8 MOTION to Dismiss filed by SSC Goldsboro Operating Company LLC, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare Consulting, LLC. (Hagwood, Leon) |
| Filing 23 Financial Disclosure Statement by John Strawcutter (Hagwood, Leon) |
| Filing 22 Memorandum in Support regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively Motion for Summary Judgment filed by John Strawcutter. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of John Strawcutter) (Hagwood, Leon) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively Motion for Summary Judgment filed by John Strawcutter. (Hagwood, Leon) |
| Filing 20 Interim MOTION for Joinder in Notice of Removal filed by John Strawcutter. (Attachments: #1 Exhibit 1 - Complaint and all process, pleadings and orders served, #2 Exhibit 2 - Affidavit of John Strawcutter, #3 Exhibit 3 - Exemplified Copy of State Court File) (Hagwood, Leon) |
| Filing 19 Memorandum in Support regarding #18 MOTION to Dismiss for Lack of Jurisdiction Insufficient Service and Insufficient Service of Process filed by SSC Equity Holdings, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Wynn Sims, #3 Exhibit C - CT Corporation Service of Process transmittal) (Hagwood, Leon) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction Insufficient Service and Insufficient Service of Process filed by SSC Equity Holdings, LLC. (Hagwood, Leon) |
| Filing 17 Memorandum in Support regarding #16 MOTION to Dismiss for Lack of Jurisdiction Insufficient Service and Insufficient Service of Process filed by SavaSeniorCare, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Wynn Sims, #3 Exhibit C - CT Corporation Service of Process transmittal) (Hagwood, Leon) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction Insufficient Service and Insufficient Service of Process filed by SavaSeniorCare, LLC. (Hagwood, Leon) |
| Filing 15 ANSWER to Complaint by SavaSeniorCare Administrative Services, LLC. (Hagwood, Leon) |
| Filing 14 ANSWER to Complaint by SavaSeniorCare Consulting, LLC. (Hagwood, Leon) |
| Filing 13 MOTION to Dismiss filed by SavaSeniorCare Consulting, LLC. (Attachments: #1 Exhibit 1-CT Corporation Service of Process transmittal) (Hagwood, Leon) |
| Filing 12 MOTION to Dismiss filed by SavaSeniorCare Administrative Services, LLC. (Attachments: #1 Exhibit 1-CT Corporation Service of Process transmittal) (Hagwood, Leon) |
| Filing 11 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel C. Caleb Connor and Kenneth L. Connor of Connor & Connor, LLC at 302 Park Avenue, SE, Aiken, SC 29801 mailed via US Mail on July 10, 2019. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to John Strawcutter. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Filing 10 ANSWER to Complaint by SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro. (Hagwood, Leon) |
| Filing 9 Notice of Appearance filed by David M. Eaton on behalf of SSC Equity Holdings, LLC, SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare Consulting, LLC, SavaSeniorCare, LLC, John Strawcutter. (Eaton, David) |
| Filing 8 MOTION to Dismiss filed by SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro. (Attachments: #1 Exhibit 1-CT Corporation Service of Process transmittal) (Hagwood, Leon) |
| Filing 7 Financial Disclosure Statement by SavaSeniorCare, LLC (Hagwood, Leon) |
| Filing 6 Financial Disclosure Statement by SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro (Hagwood, Leon) |
| Filing 5 Financial Disclosure Statement by SSC Equity Holdings, LLC (Hagwood, Leon) |
| Filing 4 Financial Disclosure Statement by SavaSeniorCare Consulting, LLC (Hagwood, Leon) |
| Filing 3 Financial Disclosure Statement by SavaSeniorCare Administrative Services, LLC (Hagwood, Leon) |
| Filing 2 Notice of Appearance filed by Leon Carl Hagwood on behalf of SSC Equity Holdings, LLC, SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare Consulting, LLC, SavaSeniorCare, LLC, John Strawcutter. (Hagwood, Leon) |
| Filing 1 NOTICE OF REMOVAL by SavaSeniorCare Consulting, LLC, SSC Equity Holdings, LLC, SavaSeniorCare, LLC, SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro, SavaSeniorCare Administrative Services, LLC from Wayne County Superior Court, case number 19 CVS 1064. ( Filing fee $ 400 receipt number 0417-5012836), filed by SavaSeniorCare Consulting, LLC, SSC Equity Holdings, LLC, SavaSeniorCare, LLC, SSC Goldsboro Operating Company LLC d/b/a Brian Center Health and Rehabilitation/Goldsboro, SavaSeniorCare Administrative Services, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Cover Sheet Supplemental Removal Cover Sheet, #3 Exhibit 1 - Affidavit of Wynn G. Sims-SSC Goldsboro, #4 Exhibit 2 - Affidavit of Wynn G. Sims-SSC, #5 Exhibit 3 - Affidavit of Wynn G. Sims-Equity Holdings, #6 Exhibit 4 - Affidavit of Wynn G. Sims-Admin Services, #7 Exhibit 5 - Affidavit of Wynn G. Sims-Consulting, #8 Exhibit 6-Affidavit of John Strawcutter, #9 Exhibit 7-Summons and Service of Process Transmittal from CT Corp, #10 Exhibit 8-Exemplified Copy of State Court Papers, #11 Exhibit 9-Enclosure letters from Plaintiff's counsel, #12 Exhibit 10-General Civil Action Cover Sheet-St Ct, #13 Exhibit 11-Summons for original Complaint, #14 Exhibit 12-Complaint, #15 Exhibit 13-Correspondence from Plaintiff's counsel with First Amended Complaint, #16 Exhibit 14-Plaintiff's First Amended Complaint-not signed or stamped Filed) (Hagwood, Leon) |
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